SunFlora Inc v. Harvey et al
Plaintiff: SunFlora Inc and Sunflora, Inc.
Defendant: Brian Harvey, James Kevin Harvey and Hemptonic CBD
Case Number: 1:2021cv01273
Filed: September 29, 2021
Court: US District Court for the Central District of Illinois
Presiding Judge: Jonathan E Hawley
Referring Judge: Joe Billy McDade
2 Judge: James E Shadid
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2022 Opinion or Order Filing 20 ORDER OF DISMISSAL WITH PREJUDICE. Entered by Judge James E. Shadid on 8/19/2022. (JS)
August 16, 2022 Filing 19 STIPULATION of Dismissal with Prejudice by Sunflora, Inc.. (Attachments: #1 Text of Proposed Order)(Fox, Adam)
August 16, 2022 Opinion or Order Filing 18 STIPULATED ORDER FOR INJUNCTION entered by Judge James E. Shadid on 8/16/2022. (JS)
August 16, 2022 Opinion or Order TEXT ONLY ORDER: The parties are proceeding on claims of trademark infringement, false advertising, unfair competition, breach of contract, and violation of the Defend Trade Secrets Act. On May 23, 2022, Plaintiff, with the agreement of Defendants, filed a Joint Stipulation for entry of an Injunctive Order. Under the terms, the parties waived the entry of findings of facts and conclusions of law for under Fed. R. Civ. P. 52, asking that the Court enter the proposed injunction. The parties agreed that after entry of the order, a settlement payment would be made to Plaintiff SunFlora and the parties would enter a stipulation of dismissal. On July 27, 2022, the parties filed a joint Motion for hearing on the Stipulation for Injunction #17 . The Court finds #17 unnecessary as #16 is GRANTED. The Court will enter the injunctive order under separate cover. #17 is rendered MOOT. Entered by Judge James E. Shadid on 8/16/2022. (JS)
July 27, 2022 Filing 17 Joint MOTION for Hearing re #16 Stipulation for Injunction by Defendants Brian Harvey, James Kevin Harvey, Hemptonic CBD. Responses due by 8/10/2022 (White, Ian)
May 23, 2022 Filing 16 STIPULATION of Entry of Injunction by Sunflora, Inc... (Fox, Adam)
February 17, 2022 The Final Pretrial Conference and Jury Trial are now scheduled before Judge James E. Shadid. (HR)
February 17, 2022 Opinion or Order TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on February 17, 2022. This case is reassigned to Judge James E. Shadid for all further proceedings. (HR)
February 15, 2022 Opinion or Order TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 2/15/2022. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. (JS)
February 14, 2022 Opinion or Order TEXT ORDER OF RECUSAL entered by Judge Joe Billy McDade on 2/14/2022. Judge McDade disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Darrow for reassignment. (DRS)
January 5, 2022 Filing 15 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #14 . Discovery due by 12/9/2022. Dispositive Motions due by 1/6/2023. Final Pretrial Conference set for 4/12/2023 at 11:00 AM and Jury Trial set for 5/15/2023 at 9:00 AM, BOTH in Courtroom D before District Judge McDade. Rule 16 conference set 1/7/2022 at 10:00 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 1/1/2021. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 1/5/2022. (WG)
January 4, 2022 Filing 14 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Sunflora, Inc.. (Fox, Adam)
November 24, 2021 Opinion or Order Filing 13 TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 1/7/2022 at 10:00 AMvia telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 1/4/2022. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 11/24/2021. (WG)
November 22, 2021 Filing 12 ANSWER to #1 Complaint by Brian Harvey, James Kevin Harvey, Hemptonic CBD.(JS)
November 22, 2021 Filing 11 NOTICE of Appearance of Attorney by Ian M White on behalf of Brian Harvey, James Kevin Harvey, Hemptonic CBD. (JS)
November 4, 2021 Filing 10 SUMMONS Returned Executed by Sunflora, Inc.. James Kevin Harvey served on 11/1/2021, answer due 11/22/2021. (Fox, Adam)
November 1, 2021 Filing 9 Alias Summons Issued as to James Kevin Harvey. (JS)
October 29, 2021 Filing 8 SUMMONS Returned Executed by Sunflora, Inc.. Brian Harvey served on 10/27/2021, answer due 11/17/2021. (Fox, Adam)
October 27, 2021 Filing 7 Summons Returned Unexecuted by Sunflora, Inc. as to James Kevin Harvey. (Attachments: #1 Affidavit Invalid Address)(Fox, Adam)
October 15, 2021 Filing 6 SUMMONS Returned Executed by Sunflora, Inc.. Hemptonic CBD served on 10/8/2021, answer due 10/29/2021. (Fox, Adam)
October 13, 2021 Filing 5 Alias Summons Issued as to Brian Harvey. (JS)
October 13, 2021 Filing 4 Summons Returned Unexecuted by Sunflora, Inc. as to Brian Harvey. (Attachments: #1 Affidavit Invalid Address)(Fox, Adam)
September 30, 2021 Filing 3 Summons Issued as to Brian Harvey, James Kevin Harvey, Hemptonic CBD. (JS)
September 29, 2021 Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by SunFlora Inc. (Fox, Adam)
September 29, 2021 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-3770534.), filed by SunFlora Inc. (Attachments: #1 Exhibit YOUR CBD STORE, #2 Exhibit Flower Design, #3 Exhibit SUNFLORA, #4 Exhibit SUNMED, #5 Exhibit SUNMED Design, #6 Exhibit SUNMED Design, #7 Exhibit SUNMED CBD, #8 Exhibit Affiliate Agreement, #9 Exhibit Affiliate Agreement, #10 Exhibit Affiliate Agreement, #11 Exhibit Affiliate Agreement, #12 Civil Cover Sheet Civil Cover Sheet, #13 Exhibit Summons)(Fox, Adam)

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Plaintiff: SunFlora Inc
Represented By: Adam Randall Fox
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Plaintiff: Sunflora, Inc.
Represented By: Adam Randall Fox
Represented By: Eleanor M. Hagan
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Defendant: Brian Harvey
Represented By: Ian M White
Represented By: Ian M. White
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Defendant: James Kevin Harvey
Represented By: Ian M White
Represented By: Ian M. White
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Defendant: Hemptonic CBD
Represented By: Ian M White
Represented By: Ian M. White
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